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In response to the Victorian Parliament’s passing of what has been described as “the toughest bail laws in the country”, legal organisations and Indigenous advocacy groups have expressed deep concerns about the implications these laws will have.
Last week, the Victorian Parliament passed the first phase of its sweeping new bail laws, with the Allan government asserting that these reforms will “jolt the system”.
The enactment of this law just comes on the heels of the government’s introduction of the bail bill earlier this month, which aimed to “prevent reoffending and keep Victoria safe”.
Under the initial phase, two new bail offences have been introduced, imposing stricter penalties on individuals who commit an indictable offence while on bail or breach their bail conditions.
Those found violating these new bail conditions now could face “up to three months imprisonment” in addition to any sentence imposed for their original crime.
The legislation also grants “police officers [the authority] to bring that person to court directly” if they are arrested for breaching bail, eliminating the need to wait for a bail justice.
The Allan government said the amendments to bail tests for specific offences will be rolled out over the next three months.
Premier Jacinta Allan defended the reforms, stating: “I have listened to victims of crime and Victorians, and I have acted. These are the toughest bail laws in the country – putting community safety above all and delivering consequences for those who break the law.”
“These laws send the strongest possible message to offenders – clean your act up or face the consequences.”
The Allan government has signalled that a second bill will be introduced “in the middle of the year”, further tightening bail tests for “serious repeat offenders”.
While the government insists that these reforms are intended to enhance community safety, they have been met with strong criticism from numerous legal organisations.
The Human Rights Law Centre (HRLC) condemned the new laws, describing them as “dangerous and discriminatory”.
The legal body warns that the reforms would disproportionately “harm Aboriginal and Torres Strait Islander communities” and result in a “breach of human rights”.
The HRLC is not alone in its concerns, revealing that 93 Aboriginal, human rights, community, family violence and legal organisations also voiced their opposition to the reforms.
Nerita Waight, CEO of the Victorian Aboriginal Legal Service, expressed her strong dismay, stating, “It is sickening hearing the Allan government boast about how ‘tough’ their new bail laws are”, particularly given the “clear and ample evidence” that these laws will “only causes more harm to Aboriginal communities”.
Maggie Munn, the First Nations director at the Human Rights Law Centre, said: “It is deeply shameful that the Allan government has refused to learn from past policy failures, and instead capitulated to the tabloid media to entrench dangerous bail laws that undermine people’s right to liberty, worsen the mass incarceration of Aboriginal people, and condemn generations of children and adults to the damage and trauma of imprisonment.”
Munn argued that these reforms, which will “needlessly lock people up and cut them off from their family, community and support”, will “not keep the community safe”. Instead, she emphasised that “entrenching people in the criminal legal system is dangerous and could lead to more people dying behind bars”.
Dr Kathryn Daley from RMIT University questioned the effectiveness of the new bail laws, warning that hastily implementing such significant policy changes could lead to far-reaching consequences.
“Rushed policy is not good policy. And we certainly should not be having radio hosts shaping bail laws. Bail laws determine people’s access to freedom and children’s access to their parents. It is complex, and community safety needs to be the priority. However, it is false to assume believe that tougher bail laws will impact community safety,” Daley said.
Daley addressed the misconception that these laws would enhance community safety, emphasising that “jail is criminogenic”, meaning it increases the “likelihood of reoffending”. She argued that, as a result, these laws actually “reduce community safety, at extreme cost to the taxpayer”.
The national children’s commissioner, Anne Hollonds, also condemned the reforms, calling them a step backward for children’s rights and wellbeing.
She expressed concern that the new law, which eliminates detention as a “last resort” for children, will result in a “significant increase in the incarceration of children”.
“Instead of building a roadmap for reform based on evidence of how to prevent crime by children, these governments are reacting to public concern with short-term punitive measures that do not prevent crime by children, because crime by children is a symptom of underlying issues that we are failing to address,” Hollonds said.
“We need all state and territory governments to prioritise significant investment in early intervention and diversionary programs, which have been shown to prevent youth offending, and improve access to housing, coordinated health and education, and family support services. This is what keeps children and communities safe.”